New Jersey P.L.1921, c.46

CHAPTER 46, LAWS OF 1921

AN ACT to regulate the discharge of effluents from sewerage systems or works into a potable water supply.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. No effluent from any sewage disposal system, purification or treatment plant or any plant for the purification or treatment of industrial wastes, now constructed and in operation, or which may hereafter be constructed and operated, shall be discharged into any of the potable waters of this State, which, in the opinion of the Department of Health of the State of New Jersey, is of such a character as will or may cause or threaten injury to the users of water from such potable water supply, and, after written notice by said Department of Health of the State of New Jersey given to any person, association, company, or corporation, municipal or private, to make such improvements as in the opinion of the Department of Health of the State of New Jersey are required in order that an effluent satisfactory to the said department may be discharged into such potable water, the plans for which must be submitted to and approved by the said department, then, if such improvements as are called for in said written notice are not made within the time specified in the notice, any person, association, company, or corporation, municipal or private, which shall offend against the provisions of this section shall be liable to a penalty of one hundred dollars; and each week's continuance after the expiration of the time limit specified in said written notice given by the Department of Health of the State of New Jersey shall constitute a separate offense.

2. Any penalty incurred under the provisions of the first section of this act may be recovered, with costs, in a summary proceeding in the name of the Department of Health of the State of New Jersey. Any representative of the Department of Health of the State of New Jersey having knowledge of any of the violations of any of the provisions of the first section of this act whereby any penalty may have been incurred may make, under oath or affirmation, a complaint against the person, association, company, or corporation, municipal or private, incurring such penalty, setting forth the facts of such violation, which complaint shall be filed in the office of the clerk of the District Court, or with any justice of the peace of the county, or any other court having competent jurisdiction in such actions, wherein the plant or plants, system or systems, of such person, association, company, or corporation, municipal or private, as mentioned in section one of this act, may be located; and the District Court, justice of the peace, or other court having competent jurisdiction in such actions, with whom any complaint shall be filed as aforesaid, setting forth facts sufficient to show that the penalty prescribed by the first section of this act has been incurred, is hereby authorized and required to issue process, either in the nature of a summons or warrant, which process, when in the nature of a warrant, shall be returnable forthwith, and when in the nature of a summons, shall be returnable in not less than five nor more than fifteen days; on the return of such process, or at any time to which the trial shall have been adjourned, the said District Court, justice of the peace, or other court having competent jurisdiction in such actions, shall proceed to hear the testimony of witnesses and the proofs in the case, and to determine and give judgment in the matter without the filing of any pleadings, and, if judgment shall be given in favor of the plaintiff, execution shall forthwith issue against the goods and chattels of the defendant for the amount of the penalty, with costs; and all judgments rendered by a District Court or justice of the peace may be docketed in the office of the clerk of the Court of Common Pleas; the officers to serve and execute any process or execution issued as aforesaid shall be the constables of the counties, which service and execution shall be made in the same manner and under the same liabilities as other executions issued out of said courts; all moneys recovered under the provisions of this act by the Department of Health of the State of New Jersey shall be paid into the treasury of the State.

3. If any person, association, company, or corporation, municipal or private, shall violate any of the provisions of the first section of this act, it shall be lawful for the said Department of Health of the State of New Jersey, whether or not the penalty above prescribed shall have been sued for or recovered, to file a bill in the Court of Chancery, in the name of the State, on the relation of said Department of Health, for an injunction to prohibit the further violation of the said section, and every such action shall proceed in the Court of Chancery according to the rules and practice relating to bills filed in the name of the Attorney-General on relation of individuals; and cases of emergency shall have precedence over other litigation pending at the time in the Court of Chancery, and may be heard on final hearing within such time and on such notice as the Chancellor shall direct.

4. Nothing in this act contained shall be construed to operate as a repeal of any act of the Legislature designed to secure the purity of public supplies of potable waters, or to prevent the pollution of streams, whether such streams be potable streams or not, but this act shall be deemed only to be additional legislation.

5. This act shall take effect immediately.

Approved March 17, 1921.